This terms and conditions of use governs the use of the contents, materials, documents, statements and information that are made available on all websites or sites as provided by FOZ One and its group of companies, affiliates, subsidiaries, reinvested entities and any other designated companies within its group (collectively,
“FOZ One” or
“we” or
“our” or
“us”) from time to time (collectively,
“website”).
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING OUR WEBSITE.
1. INTRODUCTION
1.1 Welcome to our website. By visiting, accessing and using our website, you confirm that you accept and agree to comply with, and be bound by these terms and conditions of use.
1.2 We may revise these terms and conditions from time to time as we see fit, and by using our website, you are expected to review such terms and conditions on a regular basis to ensure you are familiar with the current version and understand all terms and conditions governing the use of our website.
2. USE OF OUR WEBSITE
2.1 We own or have the licence to all contents of our website and all intellectual property rights in our website,including without limitation, copyrights, trademarks, service marks, logos, materials, information, documents,software, text, data, graphs, charts, photographs, videos, typefaces, interfaces, music, design, technology,layout, look, appearance and graphics (“Intellectual Property Rights”). All materials published on our websiteare copyright protected. Nothing contained on our website shall be construed as granting any license or right to use any of the intellectual property rights in our website without FOZ One’s prior written consent.
2.2 By visiting, accessing and using our website, you agree as follows:
- you shall comply with all applicable laws in connection with the use of our website;
- you acknowledge and agree that your use of our website is conditioned upon your compliance withthese terms and conditions; and
- you shall cooperate with all reasonable requests of FOZ One and will notify us promptly if you are aware of any actual or suspected breach of these terms and conditions or unauthorised use or abuse of our website.
2.3 You must
NOT (and you hereby expressly agree that you shall not):
- republish any materials or contents from our website in any manner without our prior written consent;
- reproduce, duplicate, copy, distribute, sell, decompile, reverse engineer, modify, adapt, translate, dissemble or otherwise exploit any contents, materials, documents or information on our website, including our Intellectual Property Rights in our website, for any purpose;
- frame or mirror the whole or any part of our website;
- reproduce, duplicate, copy, interfere, disrupt or circumvent the navigational structure, interface or presentation of our website;
- insert any code or product or manipulate any of the contents, materials, documents, statements, and information contained in our website for any purpose or to affect other user’s experience with our website;
- use in any manner and method any of our Intellectual Property Rights in our website;
- use our website in any way that causes, or may cause, damage to our website or impairment of the availability or accessibility of our website;
- use our website or engage in conduct or activity in connection with your use of our website in any way which is unlawful, illegal, misleading, infringing, defamatory, obscene, offensive, against the law or public policy, fraudulent, harmful, or otherwise objectionable (including without limitation, acts of abuse, harass, stalk, threaten or otherwise violate the legal rights of others), or engage in any conduct or activity that in our opinion will tarnish, cause embarrassment, jeopardize, affect, damage or bring disrepute to the interest and reputation of FOZ One;
- do any activities which may interfere with our website or other user’s use of our website, including without limitation, any activities which restrict or inhibit other user from using our website such as hacking or defacing whole or any part of our website;
- impersonate as an employee, officer, representative or agent of FOZ One by using our website or through other manner in connection with our website for any purpose;
- use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any computer virus or malicious computer software that is harmful or invasive or may or is intended to damage or hijack the operation of our website;
- use our website to post, upload, share, send, use, publish or distribute or otherwise make available through or in connection with our website, materials, documents, statements, information or other form of things that are obscene, indecent, pornographic, hateful, promoting public disharmony or anything that would give rise to criminal or civil liability;
- conduct any manual, systematic or automated data collection activities in any manner (including without limitation retrieving, scraping, data mining, data extraction and data harvesting or other similar nature of activities) on or in relation to our website and its content, including harvesting or collecting data about other users of our website;
- use our website to advertise, offer to sell or buy any goods or services for any business purposes, transmit or send unsolicited commercial communications. You must not use our website for any purposes related to advertising and marketing without our express written consent; and
- knowingly introduce any viruses into our websites or attack (or instigate or facilitate the attack of) any of our websites via a denial-of-service attack or a distributed denial-of-service attack, or use any of our websites for any purpose which is unlawful, abusive, libellous, obscene or threatening. A breach of this clause may constitute a criminal offence. We may report any such breach (whether actual or suspected) to the relevant law enforcement authorities and you hereby agree to co-operate with those authorities.
2.4 If you register for an account with our website, you will be asked to choose a user ID and a password. You must keep this password confidential and must notify us immediately if you become aware of any disclosure of your password. We may disable your user identification code or password, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms and conditions of use.
3. NO WARRANTIES
3.1 Whilst every effort is made to ensure the contents, materials, documents, statements, and information contained in our website are accurate, we make no representations, warranties or guarantees as to the accuracy, reliability, quality, truth, suitability and completeness of all the contents, materials, documents, statements and information contained in our website.
3.2 The contents, materials, documents, statements and information contained in our website is provided for general information only. Nothing on our website constitutes, or is meant to constitute, advice of any kind nor an invitation to invest in FOZ One nor any offer to purchase our products or services. If you require advice in relation to any matter, you should consult an appropriate professional.
3.3 We may occasionally update and change the contents, materials, documents, statements, information, products or services contained in our website. We are not able to guarantee that our website, or its contents, materials, documents, statements, information, products or services will always be available. We may suspend or withdraw or restrict the availability of all or any part of our website for business and operational reasons.
3.4 We do not guarantee that our website will be uninterrupted, error-free, that defects will be corrected, secure or free from bugs or viruses or other harmful elements. You should use your own virus protection software. It is your sole responsibility to ensure that you have in place appropriate virus protection processes and software when you visit, access and use our websites.
4. THIRD-PARTY WEBSITES
4.1 Our website may include addresses of, or links to other third-party websites. Such links are not recommendations, endorsements or approvals. We have no control over the content of third-party websites or resources. The third-party website providers do not guarantee the accuracy, completeness, timeliness or availability of any information and are not responsible for any errors or omissions (negligent or otherwise), regardless of the cause, or for the results obtained from the use of such content.
4.2 FOZ One takes no responsibility for the content contained on third-party websites and FOZ One accepts no responsibility for them or loss or damage that may arise from your use of them. Accessing third-party websites through our website shall be at your sole and own risks.
5. LIMITATIONS OF LIABILITY
5.1 Our website and the terms and conditions are provided on an “as is” and “as available” basis, with all faults. We do not assume any liability for the materials, documents, statements, information, products and services provided on, posted to, or otherwise available through, any of our websites. Reliance on these materials, documents, statements, information, products and services contained in our website is solely at your own risk. We disclaim any liability for injury or damages resulting from the use of any of our website, or any of the content contained thereon.
5.2 IN NO EVENT SHALL FOZ ONE (INCLUDING OUR DIRECTORS, OFFICERS AND EMPLOYEES) BE LIABLE TO YOU (INCLUDING ANY OF YOUR OFFICERS, DIRECTORS AND EMPLOYEES, AS APPLICABLE) (WHETHER UNDER THE LAW OF CONTACT, THE LAW OF TORTS OR OTHERWISE) FOR ANY LOSS AND DAMAGES OF ANY KIND UNDER ANY LAWS AND REGULATIONS, INCLUDING WITHOUT LIMITATION, ANY SPECIAL, DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL LOSS AND DAMAGES, PERSONAL INJURY, LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF REVENUE, INCOME OR ANTICIPATED SAVINGS, LOSS OF CONTRACTS OR BUSINESS RELATIONSHIP, LOSS OF REPUTATION OR GOODWILL OR LOSS OR CORRUPTION OF INFORMATION OR DATA OR DAMAGES ARISING FROM OR IN RELATION TO THE CONTENTS OF, OR USE OF, OR INABILITY TO USE OR OTHERWISE IN CONNECTION WITH OUR WEBSITE OR THIRD-PARTY WEBSITE OR ANY LINKED WEBSITE OR AS A RESULT FROM DELAY, INTERRUPTION IN SERVICE, VIRUSES, DELETION OF FILES OR ELECTRONIC COMMUNICATIONS, OR ERRORS, OMISSIONS OR OTHER INACCURACIES IN OUR WEBSITE, WHETHER OR NOT THERE IS NEGLIGENCE BY FOZ ONE OR WHETHER OR NOT FOZ ONE HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
5.3 Nothing in our website disclaimer will exclude or limit our liability in respect of any death or personal injury caused by our negligence, fraud or fraudulent misrepresentation our part, or any matter which it would be illegal or unlawful for us to exclude or limit, or to attempt or purport to exclude or limit, its liability.
6. BREACHES OF THESE TERMS AND CONDITIONS
6.1 If you breach these terms and conditions in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to our website, prohibiting you from accessing our website, blocking computers using your IP address from accessing our website, contacting your internet service provider to request that they block your access to our website and/or bringing court proceedings against you.
6.2 No failure on our part to exercise, and no delay on our part in exercising any right or remedy under these terms and conditions shall operate as a waiver thereof, nor will any single or partial exercise of any right or remedy preclude us from any other or further exercise thereof or the exercise of any other right or remedy available to us at law and in equity.
6.3 You agree to indemnify, defend and hold FOZ One harmless (including our directors, officers, employees, agents) against each and every actions, proceedings, claims, suits, investigations, defence, settlement, liabilities, losses, damages, demands, costs and expenses (including reasonable legal fees) of any nature whatsoever incurred or suffered by FOZ One (including our directors, officers, employees, agents) arising from or in connection with your use of our website, your violation or breach of these terms and conditions and/or your violation or breach of any rights of any other person in connection with our website including but not limited to, any infringement of intellectual property rights belonging to us or any third party arising out of any unauthorised use of intellectual property rights by you.
7. OTHER TERMS
7.1 These terms and conditions are governed by and construed in accordance with the laws of Malaysia, and any disputes relating to these terms and conditions will be resolved via arbitration at the Asian International Arbitration Centre at Kuala Lumpur in accordance with the Rules of the Asian International Arbitration Centre.
7.2 PLEASE BE AWARE THAT ADDITIONAL LEGAL NOTICES, DISCLAIMERS, AND OTHER TERMS AND CONDITIONS MAY APPLY TO YOU IN USING OUR WEBSITES.
7.3 We reserve the right to final interpretation of these terms and conditions.
7.4 We shall be permitted to assign, transfer, and subcontract our rights and/or obligations under these terms and conditions without any notification or consent required from you.
7.5 These terms and conditions, including any legal notices and disclaimers contained on our website, constitute the entire agreement between you and us in relation to your use of this website, and supersede all prior agreements and understandings with respect to the same.
7.6 If any provisions in this terms and conditions shall be held to be illegal, invalid or unenforceable, in whole or in part, under any laws, such term or part shall to that extent be deemed not to form part of this terms and conditions but the legality, validity or enforceability of the remainder of this terms and conditions shall not be affected.